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The Political Directors of the Peace Implementation Council (PIC) Steering
Board met in Sarajevo on 29-30 June 2010. The Chairman of the Council of
Ministers of Bosnia and Herzegovina (BiH) and his two Deputies participated in
parts of the meeting.
The PIC Steering Board welcomed recent initiatives to promote reconciliation
and improve regional cooperation. It commended the actions of certain BiH
political leaders to this end. At the same time it urged all political leaders
to follow these examples and address open bilateral issues in a constructive
spirit. It also welcomed the high level meeting of 2 June 2010 in Sarajevo,
which among other things reaffirmed the EU’s commitment to the European
perspective of the Western Balkan countries and called for more regional
ownership and intensification of the pace of reforms in key areas.
The PIC Steering Board welcomed the efforts undertaken by regional states to
address the painful issues of BiH’s tragic past and the recent groundbreaking
visits and contacts of the leaders of the neighboring countries. It welcomed in
particular the adoption of the Serbian Parliament’s declaration on Srebrenica
and the intention of regional leaders to attend the 15th
commemoration of the genocide in Srebrenica and the reconciliatory message this
carries. This is an opportunity to remember the victims and their families.
Genocide in Srebrenica, war crimes and crimes against humanity committed in the
course of the conflict in BiH must not be forgotten.
The PIC Steering Board welcomed BiH’s progress in addressing requirements for
EU visa liberalization and noted the European Commission’s proposal to waive the
short-term visa requirement for BiH citizens. It encouraged relevant authorities
to rapidly fulfill the few outstanding requirements, so that the Council and the
European Parliament can adopt the Commission’s proposal in the coming months.
The PIC Steering Board reiterated its support for BiH’s EU perspective. It
underlined the importance of proper implementation of the Interim Agreement,
including commitments in the field of state aid, and urged BiH authorities to
speed up delivery of the European Partnership priorities and address
shortcomings identified in the European Commission’s 2009 Progress Report.
In this regard, the PIC Steering Board urged the BiH authorities to adopt,
without further delay, a state-level law on population census. A state-level
population census is required for BiH to make further progress on the EU agenda
and is an essential tool for social and economic development.
The PIC Steering Board also expressed concern over the delay in harmonizing
the BiH Constitution with the European Convention for Human Rights (ECHR), as
required by the December 2009 judgment of the European Court of Human Rights
(Sejdic–Finci vs. BiH) and it urged BiH authorities to address this
international legal obligation. Currently, BiH is in breach of the ECHR, the
Stabilization and Association Agreement and the Interim Agreement. While
reiterating that constitutional changes are not a part of the objectives and
conditions for closure of the OHR, the PIC Steering Board remains convinced that
this and other constitutional changes adopted in accordance with GFAP are
necessary to fully comply with democratic principles as well as improve the
efficiency and functionality of BiH’s institutions so that they can be better
equipped to serve the interests of BiH’s citizens and meet future requirements
for Euro-Atlantic integration.
The PIC Steering Board welcomed progress on the decision on movable defense
property and BiH’s further commitments to participate in international military
operations. It however urges the authorities to remove the obstacles to initiate
destruction of surplus weapons and ammunition immediately. NATO member states
and Japan welcomed the decision by NATO in April 2010 that BiH can begin a
Membership Action Plan once all immovable defense properties, identified as
necessary for future defense purposes, are registered as property of BiH, for
use by the BiH Ministry of Defense. NATO member states and Japan urged BiH
authorities to comply with this condition. The PIC Steering Board reminded that
the resolution of the defense property issue is also an objective for OHR’s
closure.
The PIC Steering Board continued its discussion on the prospects for
transition from OHR to a reinforced EU presence in BiH. It reiterated that
transition remains the goal as soon as the five objectives and two conditions
necessary for OHR closure have been met. The EU Member States of the PIC
Steering Board reiterated that the EU would not be in a position to consider an
application for membership by BiH until the transition of the OHR to a
reinforced EU presence has been decided.
The PIC Steering Board expressed its concern over the lack of progress in
addressing the relevant objectives for transition since the last PIC meeting in
February. It urged the authorities to ensure that the five objectives of the OHR
work plan are completed and to work to ensure rapid progress in the following
areas.
· On the basis of the state
property inventory, the state and entity level authorities need to complete
their self-assessments on the current and future needs of state property.
Subsequently, the competent authorities need to engage constructively on an
intergovernmental agreement to settle respective ownership rights between the
state and other levels of government. Resolution of this issue requires
constructive dialogue leading to agreement between BiH and entity authorities.
The PIC Steering Board urged the authorities in BiH to refrain from taking
unilateral actions and reminded that such actions only have the effect of
preventing resolution of the state property objective.
· The relevant authorities
need to conclude an agreement on defense property, in line with the BiH Law
on Defense, through which the state would own the property required for
future defense purposes. The relevant authorities must also work expeditiously
to destroy excess weapons, ammunition, and explosives in coordination with
international donors.
· The PIC Steering Board
noted with concern the assessment of the Brcko Supervisor regarding the reasons
preventing completion of the Brcko Final Award. The remaining obligation to
bring the RS Law on Electricity fully in line with the conditions
necessary for the Brcko Supervisor to notify the Brcko Arbitral Tribunal that
the entities have fulfilled their obligations under the Brcko Final Award is
urgently needed.
The PIC Steering Board also reiterated the need for a continued strengthening
of fiscal coordination by ensuring the proper functioning of the Indirect
Taxation Authority and the Fiscal Council. It also urged BiH authorities to
accelerate the implementation of the National Strategy for Dealing with War
Crimes and to strengthen their engagement in the implementation of the National
Justice Sector Reform Strategy in line with the commitment taken when adopting
it.
With special regard to the forthcoming general elections in October, the PIC
Steering Board urged all political parties and political leaders to campaign
during the forthcoming elections in a forward-looking, constructive, and
responsible manner. In this regard, it urged BiH leaders to refrain from
divisive rhetoric and actions that -- particularly in an election year -- would
further worsen the political atmosphere and impede BiH’s overall progress,
including towards full Euro-Atlantic integration. In addition, the PIC Steering
Board urged the BiH authorities to provide full support to the Central Election
Commission to ensure that the general elections scheduled for 3 October are both
free and fair.
Furthermore, the PIC Steering Board underlined the importance of freedom of
expression including free and independent media and urged all relevant media to
report objectively and in line with the highest international standards. It
expressed its full support for the independence of the Communications Regulatory
Agency and urged the Council of Ministers to finally take the steps it is
legally obliged to in order to ensure the proper functioning of the Agency,
inter alia, by appointing the Director and outstanding Board members without
further delay.
The PIC Steering Board welcomed the adoption of the revised, and
UNHCR-endorsed, Strategy for the Implementation of Annex VII of the General
Framework Agreement for Peace (GFAP). It urges the respective state and entity
authorities to now ensure the Strategy’s swift resourcing and implementation.
In line with the recent report of the ICTY Chief Prosecutor to the UN
Security Council, the PIC Steering Board repeated its call to BiH authorities to
continue to cooperate fully with the ICTY, and it urged the authorities to
fulfill their obligations under international law to facilitate the arrest of
all fugitive ICTY indictees -- in particular Ratko Mladic -- and to dismantle
fugitives’ support networks.
The PIC Steering Board repeated its call to BiH authorities to ensure that
the BiH judiciary have the necessary resources to meet BiH’s continued
obligations to prosecute war crimes without recourse to international personnel
serving in executive positions. It also underlined that BiH should intensify its
efforts in the area of judicial reform and in combating organized crime,
corruption, and terrorism and commended the role that BiH law enforcement
agencies have played in that respect. The PIC Steering Board recalled the need
to close the impunity gap in the region through extradition agreements with
neighboring countries.
In light of the difficult economic situation, the PIC Steering Board urged
all BiH authorities, and in particular the Federation, to adhere to their
commitments under the IMF Stand-by-Arrangement and the World Bank Development
Policy Loan. The PIC Steering Board also called upon BiH authorities to ensure
that the state budget for 2011 is set at a level that ensures the effective and
efficient functioning of state level institutions.
The PIC Steering Board underlined its strong commitment to BiH’s territorial
integrity and sovereignty in line with the Dayton Peace Agreement. It rejected
any challenge to the High Representative’s authorities derived from Article X of
the GFAP and relevant UN Security Council Resolutions, and insisted on full
compliance with the GFAP and the decisions of the High Representative. The PIC
Steering Board reiterated full support to the High Representative and his
authorities, and reminded the authorities in BiH to ensure the High
Representative and his Office access to officials, institutions and documents in
a timely fashion.
The PIC Steering Board expressed its appreciation for the remarkable
contributions made by Principal Deputy High Representative and Brcko District
Supervisor Raffi Gregorian to uphold the Dayton Peace Accords, particularly
through his promotion of the rule of law, support to efforts to bring
to justice persons indicted for war crimes, and moving decisively forward
towards completion of the Brcko District Final Award; it welcomed
Ambassador Roderick Moore, who will take over from Dr. Gregorian in due
course.
The next meeting of PIC Steering Board Political Directors will take place in
Sarajevo on 30 November-1 December 2010.
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